• Claimant: Alleyah Chambers Bouliach
• Respondent: Masud Rana & Dee Indian Limited

Compensation for sexual harassment put in the middle band and it was one figure which was for injury to feelings and psychiatric harm.

The Tribunal had already issued a judgment on liability finding that the respondents were guilty of sexual harassment. The issue for the Tribunal at this stage was the remedy. The judgment decision was the subject of a case review in AA v B & C Ltd. The anonymity order was revoked at the remedy hearing. That case review should be read on the points of liability. The issue was the extent of compensation to be awarded.

The Tribunal outlined that the updated Presidential Guidance in GB is not binding and has no statutory basis in Northern Ireland but it is highly persuasive. Additionally, there was cognisance of the decision in Geraghty v Forose when the Court of Appeal found that a single figure should be given for injury to feelings and psychiatric damage. 
The Tribunal noted that the claimant suffered from PTSD with sleep disturbance, inability to relax, panic attacks and depressed mood. The Tribunal did recognise that part of this could be through her self-medication with cannabis.  The Tribunal found that the claimant’s studies at University were impacted by the acts of harassment.  Bearing in mind the actions and the effect it was found to fall into the middle band and £25,000 was awarded.

This case provides a useful reminder of the guidance as it pertains to injury to feeling compensatory awards and that such an award would cover for psychiatric harm as well. This should be read in conjunction with the decision on liability as to the claimant’s evidence of the actual harassment to give some context to it being classified in the middle band.

NI Tribunal decisions are available on the OITFET website:
http://www.employmenttribunalsni.co.uk/